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Patna High CourtCWJC/3186/2017disposed

Musmat Jiwachhi Devi v. The State Of Bihar And ORS

2017-12-05Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3186 of 2017 =========================================================== Musmat Jiwachhi Devi, aged about 60 years, widow of Late Bechan Jha, Resident of Village- Ghoghardiha, Ward no.1, P.S.- Ghoghardiha, District-Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar, through the Principal Secretary, Secondary, Primary @ Adult Education, Education Department, Bihar, Vikash Bhawan, Patna.

2. The Director, Education Department, Bihar Patna.

3. The District Education, Officer, Madhubani.

4. The District Programme Officer, (Establishment), Madhubani.

5. The District Officer-Madhubani.

6. The Accountant General Bihar, Birchand Patel Path, Patna, .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Vishwanath Ram, Advocate Mr. Ajay Kumar, Advocate For the Respondent/s : Mr. Rajesh Kumar Sinha, AC to GP-23 =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 05-12-2017 Heard learned counsel for the petitioner and the State.

2. Although the respondents have filed counter affidavit, but the counter affidavit does not answer the specific averments made in the writ application with regard to its discrimination and other issues raised in the writ application.

3. Counsel for the petitioner submits that the petitioner has already filed representations to the competent authority by way of Annexures- 4 Series.

4. Instead of keeping the writ petition pending, the same is disposed of with a direction to the respondents District Education Officer, Madhubani and the District Programme Officer

Patna High Court CWJC No.3186 of 2017 dt.05-12-2017 2/2 (Establishment), Madhubani to consider the representations filed by the petitioner contained in Annexures-4 series and pass a reasoned and speaking order within a period of 60 days from the date of receipt/ production of a copy of this order.

5. It is made clear that the respondents will not go bye the stand taken in the counter affidavit. They are supposed to apply their mind by disposing of the representations contained in Annexures-4 Series without being influenced by the stand, which they have been taken in the counter affidavit.

6. With the aforesaid, this application stands disposed of.

(Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 07.12.2017 Transmission Date NA